Post on 19-Jan-2016
transcript
Advanced Property:Environmental law
Outcomes
• Compare roles of general property lawyer and environmental specialist
• Consider overview of environmental liability
• Explore effect of contaminated land regime set out in Part IIA, Environmental Protection Act 1990
Property lawyer acting for any buyer/seller of land
• Be aware that environmental liabilities can arise• Client might need specialist enquiries and
assistance
The Role of the Property Lawyer and the Environmental Specialist
Environmental specialist called in when
• Land already known to be contaminated• Intention to use for purpose subject to
one or more of environmental liability regimes
Overview of environmental liability
The Contaminated Land Regime
Section 78B EPA 1990• Local authority must survey
sites and identify contaminated land
Section 78E EPA 1990• Enforcement agency must
serve a remediation notice on ‘appropriate persons’
Activity 1 - What is contaminated land
True False Scenarios
x A. The discharge of dye from a textile company into a nearby river
x B. The closure of a petrol filling station where the petrol tanks have been filled with concrete
x C. The production of clinical waste material in a hospital
x D. The proposed development of a former munitions site
x E. Crude oil seeping from a refinery onto nearby land
x F. Red dust blowing from a brickworks onto nearby housing
True False Scenarios
x A. The discharge of dye from a textile company into a nearby river
x B. The closure of a petrol filling station where the petrol tanks have been filled with concrete
x C. The production of clinical waste material in a hospital
x D. The proposed development of a former munitions site
x E. Crude oil seeping from a refinery onto nearby land
x F. Red dust blowing from a brickworks onto nearby housing
True False Scenarios
x A. The discharge of dye from a textile company into a nearby river
x B. The closure of a petrol filling station where the petrol tanks have been filled with concrete
x C. The production of clinical waste material in a hospital
x D. The proposed development of a former munitions site
x E. Crude oil seeping from a refinery onto nearby land
x F. Red dust blowing from a brickworks onto nearby housing
True False Scenarios
x A. The discharge of dye from a textile company into a nearby river
x B. The closure of a petrol filling station where the petrol tanks have been filled with concrete
x C. The production of clinical waste material in a hospital
x D. The proposed development of a former munitions site
x E. Crude oil seeping from a refinery onto nearby land
x F. Red dust blowing from a brickworks onto nearby housing
Review of Activity 1 – What is contaminated land?
Part IIA EPA directs Local Authority to consider whether established
Pathway
ReceptorContaminant
Contaminant Linkage
The Concept of Significant Contaminant Linkage
Activity 3 - Class A or Class B person
Class A Class B Appropriate Persons
x 1. The current tenants on those parts of the Carrington Business Park that are contaminated land
x 2. Apex Developments plc, the current owner of the Carrington Business Park, if it knew that the land was contaminated when it bought the site
x 3. Apex Developments plc, the current owner of the Carrington Business Park, if it did not know that the land was contaminated until now
x 4. National Fuels plc
x 5. Northern Investment Trust plc, which provided the funds for the development and which knew that the land was contaminated when the site was bought
x 6. Langton Catering Ltd, a catering company which operates catering facilities under a licence to occupy on a part of the Carrington Business Park that is contaminated land
Class A Class B Appropriate Persons
x 1. The current tenants on those parts of the Carrington Business Park that are contaminated land
x 2. Apex Developments plc, the current owner of the Carrington Business Park, if it knew that the land was contaminated when it bought the site
x 3. Apex Developments plc, the current owner of the Carrington Business Park, if it did not know that the land was contaminated until now
x 4. National Fuels plc
x 5. Northern Investment Trust plc, which provided the funds for the development and which knew that the land was contaminated when the site was bought
x 6. Langton Catering Ltd, a catering company which operates catering facilities under a licence to occupy on a part of the Carrington Business Park that is contaminated land
Class A Class B Appropriate Persons
x 1. The current tenants on those parts of the Carrington Business Park that are contaminated land
x 2. Apex Developments plc, the current owner of the Carrington Business Park, if it knew that the land was contaminated when it bought the site
x 3. Apex Developments plc, the current owner of the Carrington Business Park, if it did not know that the land was contaminated until now
x 4. National Fuels plc
x 5. Northern Investment Trust plc, which provided the funds for the development and which knew that the land was contaminated when the site was bought
x 6. Langton Catering Ltd, a catering company which operates catering facilities under a licence to occupy on a part of the Carrington Business Park that is contaminated land
Class A Class B Appropriate Persons
x 1. The current tenants on those parts of the Carrington Business Park that are contaminated land
x 2. Apex Developments plc, the current owner of the Carrington Business Park, if it knew that the land was contaminated when it bought the site
x 3. Apex Developments plc, the current owner of the Carrington Business Park, if it did not know that the land was contaminated until now
x 4. National Fuels plc
x 5. Northern Investment Trust plc, which provided the funds for the development and which knew that the land was contaminated when the site was bought
x 6. Langton Catering Ltd, a catering company which operates catering facilities under a licence to occupy on a part of the Carrington Business Park that is contaminated land
Class A Class B Appropriate Persons
x 1. The current tenants on those parts of the Carrington Business Park that are contaminated land
x 2. Apex Developments plc, the current owner of the Carrington Business Park, if it knew that the land was contaminated when it bought the site
x 3. Apex Developments plc, the current owner of the Carrington Business Park, if it did not know that the land was contaminated until now
x 4. National Fuels plc
x 5. Northern Investment Trust plc, which provided the funds for the development and which knew that the land was contaminated when the site was bought
x 6. Langton Catering Ltd, a catering company which operates catering facilities under a licence to occupy on a part of the Carrington Business Park that is contaminated land
Class A Class B Appropriate Persons
x 1. The current tenants on those parts of the Carrington Business Park that are contaminated land
x 2. Apex Developments plc, the current owner of the Carrington Business Park, if it knew that the land was contaminated when it bought the site
x 3. Apex Developments plc, the current owner of the Carrington Business Park, if it did not know that the land was contaminated until now
x 4. National Fuels plc
x 5. Northern Investment Trust plc, which provided the funds for the development and which knew that the land was contaminated when the site was bought
x 6. Langton Catering Ltd, a catering company which operates catering facilities under a licence to occupy on a part of the Carrington Business Park that is contaminated land
Class A Class B Appropriate Persons
x 1. The current tenants on those parts of the Carrington Business Park that are contaminated land
x 2. Apex Developments plc, the current owner of the Carrington Business Park, if it knew that the land was contaminated when it bought the site
x 3. Apex Developments plc, the current owner of the Carrington Business Park, if it did not know that the land was contaminated until now
x 4. National Fuels plc
x 5. Northern Investment Trust plc, which provided the funds for the development and which knew that the land was contaminated when the site was bought
x 6. Langton Catering Ltd, a catering company which operates catering facilities under a licence to occupy on a part of the Carrington Business Park that is contaminated land
Review of Activity 3 – Class A or Class B
Click on the link in Resources for the attached Contaminated Land Statutory Guidance
The Exclusion Tests
Remediation notices
Conclusion
You should now be able to
• Compare roles of general property lawyer and environmental specialist
• Consider overview of environmental liability
• Explore effect of contaminated land regime set out in Part IIA, Environmental Protection Act 1990